K.Ramachandran v. The Collector Of Cuddalore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Ramachandran Petitioner(s) Vs 1.The Collector of Cuddalore, District Collectorate, Cuddalore.

2.Revenue Divisional Officer, Cuddalore, Cuddalore District.

3.Assistant Director off Survey and Land Reforms Collectorate Office, Cuddalore.

4.Revenue Tahsildar, Vridhachalam Taluk, Virudachalam, Cuddalore 5.Inspector of Police, Thermal Police Station, Neyveli Cuddalore District. 6.C Pannerselvam Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 3 and 4 to survey the petitioner's lands measuring an extent of 12 cents, comprised in Survey No.570/11 as per partition deed dated 29.03.2006, registered as Document No.367 of 2006 at the Sub-Registrar Office, Kammapuram, situated at Ammeri Mathura, Melakuppam Village, Vridachalam Taluk, Cuddalore District, as per 1/6

Challan No.20231006033630 dated 06.10.2023 issued by the 3rd respondent with 5th respondent police protection.

For Petitioner(s) : Mr.T.Dhanasekaran For Respondent(s) : Mr.S.Balamurugan 1 to 4 Government Advocate For R5 Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 6th Respondent is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus to direct respondents 3 and 4 to survey the land measuring an extent of 12 cents, comprised in Survey No.570/11, situated at Ammeri Mathura, Melakuppam Village, Vridachalam Taluk, Cuddalore District, with 5th respondent police protection.

3. It is submitted by the learned counsel for petitioner that petitioner submitted an application to 3rd respondent in Challan No.20231006033630 on 06.10.2023, seeking survey of the property comprised in Survey No.570/11 2/6

situated at Ammeri Mathura, Melakuppam Village, Vridachalam Taluk, Cuddalore District. It is stated that he has paid appropriate fees for survey, however, the same has not been considered by the respondents till date. Hence this writ petition.

4. At the outset, it is submitted by Mr.S.Balamurugan, learned Government Advocate for respondents 1 to 4 that petitioner's application seeking survey of subject land would be considered and appropriate orders would be passed on merits after issuing notice and affording reasonable opportunity of hearing to the petitioner, 6th respondent, adjacent land owners and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.

5. Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) appearing for respondent 5 would submit that if any request for police protection is made, adequate protection would be provided for carrying out survey.

6. In view thereof, the writ petition stands disposed of with the following directions:

i) The respondents shall consider the application dated 06.10.2023 in 3/6

accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 6th respondent, adjacent land owners and all other interested parties including rival claimants, if any. The concerned authority shall seek police protection, if required. If any such protection is sought for, adequate protection shall be extended by 5th respondent for carrying out survey. ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry, if any, while considering the application dated 06.10.2023.

iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs. 28.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The Collector of Cuddalore, District Collectorate, Cuddalore.

2.Revenue Divisional Officer, Cuddalore, Cuddalore District.

3.Assistant Director off Survey and Land Reforms Collectorate Office, Cuddalore.

4.Revenue Tahsildar, Vridhachalam Taluk, Virudachalam, Cuddalore. 5.Inspector of Police, Thermal Police Station, Neyveli Cuddalore District. 5/6

MOHAMMED SHAFFIQ, J.

mka 28.07.2025 6/6